African Human Rights CLA 2.0

279/03-296/05 : Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) / Sudan Summary of facts 1. The first Communication, the Sudan Human Rights Organisation et al/The Sudan (the SHRO Case) is submitted by the Sudan Human Rights Organisation (London), the Sudan Human Rights Organisation (Canada), the Darfur Diaspora Association, the Sudanese Women Union in Canada and the Massaleit Diaspora Association (hereinafter called the Complainants). 2. The Complainants allege gross, massive and systematic violations of human rights by the Republic of Sudan (herein after called Respondent State) against the indigenous Black African tribes in the Darfur region (Western Sudan); in particular, members of the Fur, Marsalit and Zaghawa tribes. 3. The Complainants allege that violations being committed in the Darfur region include large-scale killings, the forced displacement of populations, the destruction of public facilities, properties and disruption of life through bombing by military fighter jets in densely populated areas. 4. The Complainants allege that the Darfur region has been under a state of emergency since the government of General Omar Al-Bashir seized power in 1989. They allege further that this situation has given security and paramilitary forces a free hand to arrest, detain torture and carry out extrajudicial executions of suspected insurgents. 5. The Complainants also allege that nomadic tribal gangs of Arab origin, alleged to be members of the militias known as the Murhaleen and the Janjaweed are supported by the Respondent State. 6. The Complainants allege further that an armed group known as the Sudan Liberation th Movement/Army issued a political declaration on 13 March 2003 and clashed with Respondent State’s Armed Forces. The Respondent State launched a succession of human rights violations against suspected insurgents, using methods such as extra-judicial executions, torture, rape of women and girls, arbitrary arrests and detentions. 7. The Complainants also contend that hundreds of people from the aforementioned indigenous African tribes have been summarily executed by the Respondent State’s security forces and by allied militia, adding that detainees are usually tried by special military courts with little regard to international standards or legal protection. 8. The Complainants allege that the above said actions of the Respondent State violate Articles 2, 3, 4, 5, 6 7(1), 9, 12(1), (2)and (3) and 13(1) and (2) of the African Charter on Human and Peoples’ Rights. 9. The second communication, Centre for Housing Rights and Evictions/The Sudan (the COHRE Case), is submitted by an NGO based in Washington D.C. (the Complainant) against the Republic of Sudan (the Respondent State). The communication is based on almost similar allegations as in the SHRO Case. 10. The Complainant states that Darfur is the largest region in the Respondent State, divided into south, west and north administrative zones and covers an area of about 256,000 square kilometers in size and has an estimated population of five million (5,000,000) persons. That in February 2003 fighting intensified in the Darfur region following the emergence of two armed groups, the Sudan Liberation Army (SLA) and the Justice Equality Movement (JEM), which come primarily from the Fur, Zaghawa and Masaalit tribes. The two armed groups’ political demand essentially is for the Respondent State to address the marginalisation and underdevelopment of the region. 11. The Complainant alleges that in response to the emergence of these groups and the armed rebellion, the Respondent State formed, armed and sponsored an Arab militia force known as the Janjaweed to help suppress the rebellion. 12. The Complainant alleges further that the Respondent State is involved at the highest level in the recruitment, arming and sponsoring of the Janjaweed militia. The Complainant cites a Directive dated th 13 February 2004, from the office of the sublocality in North Darfur directing all Security units within the locality to allow the activities of the Janjaweed under the command of Sheikh Musa Hilal to secure